The Week USA - Vol. 19, Issue 935, August 02, 2019

(Steven Felgate) #1
For more than four decades, Robert
Morgenthau was the face of justice in
New York City. Serving first as chief
federal prosecutor for the Southern
District of New York in the 1960s and then notching
35 years as Manhattan’s district attorney, Morgenthau
oversaw a total of 3.5 million prosecutions, and was
known as “the boss” to his subordinates and to tabloid
headline writers as “Morgy.” And Morgenthau—the
model for stern prosecutor Adam Schiff on TV’s Law
and Order—earned plenty of headlines. He prosecuted
low-level crooks as well high-profile perps such as mobster John
Gotti, mother-son grifters and killers Sante and Kenny Kimes, and
Mark David Chapman, John Lennon’s assassin. Believing that crime
had to be battled in the streets and “in the suites,” Morgenthau
became the bane of white-collar swindlers. Morgenthau’s investiga-
tion of the Bank of Credit and Commerce International (BCCI) in
1991 exposed a multinational criminal network that laundered cash
for terrorists, dictators, and drug cartels, and led to hundreds of
millions of dollars in fines and forfeitures. Asked why a Manhattan
lawman was taking on a Luxembourg-based bank, he quipped,
“The long arm of the law.”
Born in New York City, “Morgenthau was heir to a family that
enjoyed influence in finance and Democratic politics,” said The
Washington Post. His grandfather had been President Woodrow
Wilson’s ambassador to the Ottoman Empire, his father President
Franklin D. Roosevelt’s Treasury secretary. Morgenthau served in

the Navy during World War II and in 1944 found him-
self bobbing in the Mediterranean after his destroyer
was sunk by a Nazi torpedo. If he lived, he promised
God, he’d devote his life to public service. “I was not
in a very good bargaining position,” he said. Back
in the U.S., Morgenthau spent 12 years in corporate
law before making good on his pact in 1961, accept-
ing his childhood friend President John F. Kennedy’s
appointment to U.S. attorney for Manhattan. He held
the post for eight years, a term interrupted only by
Morgenthau’s failed 1962 run for governor, said The
New York Times. As federal prosecutor, he indicted 150 organized
crime figures and created the office’s first special unit to investigate
Wall Street, going after “stock manipulators, money launderers, tax
lawyers, and IRS accountants.”
Morgenthau resigned after President Richard Nixon took office in
1969, said the New York Post, and was elected Manhattan’s DA
five years later. “He’d win re-election as DA another seven times,
working with 16 police commissioners through the administrations
of five mayors.” Morgenthau prosecuted a steady succession of mis-
behaving Hollywood bigwigs, rappers, and 1 percenters; his case-
load included Boy George, Quentin Tarantino, and Tupac Shakur.
But on his last day in office—Dec. 31, 2009—Morgenthau asked
to be remembered for his role in making the city safer for ordinary
New Yorkers. “In 1975, when I became district attorney, there were
648 murders in Manhattan,” he said. “Last year, there were 62,
and this year, so far, there are 58.”

Robert
Morgenthau
1919–2019

John Paul Stevens denied undergoing a
liberal conversion during his 35 years
on the Supreme Court, the third- longest
tenure in U.S. history. It was the other
justices who changed, he insisted, as staunchly conser-
vative Reagan and Bush appointees pushed the court
to the right. Still, the emergence of Stevens—a Repub-
li can lawyer appointed by Pres i dent Gerald Ford in
1975—as the court’s leading liberal voice surprised
him as much as anyone. Before retiring in 2010 at age
90, he authored some 400 majority opinions, including
landmark rulings that enforced the separation of church and state
and curtailed executive overreach. He was also among the court’s
most frequent dissenters, vehemently opposing decisions that broad-
ened gun rights, abolished limits on corporate campaign spending,
and effectively awarded the presidency in Bush v. Gore. That par-
tisan 5-4 decision on Florida’s vote recount in 2000, he wrote in a
scathing dissent, would critically damage “the nation’s confidence in
the judge as an impartial guardian of the rule of law.”
Stevens was born in Chicago, where his grandfather, James, opened
the world’s biggest hotel in 1927, said The New York Times. The
Depression forced the sale of the 3,000-room Stevens Hotel—now
the Hilton Chicago—and Stevens’ father was put on trial for loot-
ing the family insurance business “in a failed effort to keep the hotel
afloat.” He was found guilty of embezzlement in 1933; the convic-
tion was overturned the next year. The experience taught the young
Stevens an enduring lesson about the very real harms of “overzeal-
ous prosecution,” said The Washington Post. He graduated from
the University of Chicago in 1941 and joined the Navy as an intel-
ligence officer that December—one day before the attack on Pearl
Harbor. Stevens spent most of the war cracking Japanese codes in

Hawaii, then attended Northwestern Law School, gradu-
ating with the highest grades in school history.

He practiced antitrust law in his hometown, said The
Wall Street Journal, and in 1970 was named to the 7th
U.S. Circuit Court of Appeals by President Richard
Nixon. When President Ford sought an uncontroversial
judge to fill a Supreme Court vacancy in 1975, Stevens’
“largely apolitical reputation played well in the aftermath
of Watergate.” Confirmed by the Senate 98-0, Stevens
was initially reliably conservative, joining a 5-4 majority
to reinstate the death penalty in 1976. Yet in 1989 he cast his first of
several votes upholding the constitutional right to abortion in Roe v.
Wade, and in 1994 became the court’s senior associate justice, allow-
ing him to assign opinion-writing duties whenever he opposed the
chief justice. He also spoke for the majority in several decisions that
checked executive power, including the 2006 opinion that blocked
the Bush administration from holding military trials for detainees at
Guantánamo Bay, Cuba, without congressional approval.

“Stevens’ trademark bow tie and gentle mien belied a competitive
edge,” said USA Today. He tore into District of Columbia v. Heller
in 2008, which for the first time interpreted the Second Amendment
as protecting an individual’s right to gun ownership, and wrote a
90-page dissent to 2010’s Citizens United v. FEC, which freed cor-
porations from federal limits on campaign spending. After retiring
that year, Stevens said his one regret was voting to uphold capital
punishment, though he had joined majorities that ended executions
for offenders younger than 18 and for those with mental disabilities.
“Learning on the job is essential to the process of judging,” he said
in 2005, calling the evolution of his views “one of the most impor-
tant and rewarding aspects of my own experience.”

The Supreme Court justice who became a liberal icon


The DA who cleaned up New York City


John Paul
Stevens
1920–2019

Obituaries


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